Gray v. State

¶1Filed 6/19/13 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72013 ND 87

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¶11Robert Gray, Petitioner and Appellant

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¶13v.

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¶15State of North Dakota, Respondent and Appellee

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¶19No. 20130064

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¶23Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Thomas J. Schneider, Judge.

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¶25AFFIRMED.

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¶27Per Curiam.

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¶29Adam Lawrence Fleischman (argued) and Blake Dylan Hankey (on brief), 405 Bruce Avenue, Suite 100, Grand Forks, ND 58201, for petitioner and appellant.

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¶31Lloyd Clayton Suhr, Assistant State’s Attorney, Courthouse, 514 East Thayer Avenue, Bismarck, ND 58501, for respondent and appellee.

¶32Gray v. State

¶33No. 20130064

¶34

¶35Per Curiam.

¶36[¶1] Robert A. Gray appeals a district court order denying his application for postconviction relief after an evidentiary hearing.  Gray argues he received ineffective assistance of counsel, he should be allowed to withdraw his guilty plea to correct a manifest injustice and the prosecution failed to provide exculpatory evidence.  We summarily affirm under N.D.R.App.P. 35.1(a)(2) and N.D.R.App.P. 35.1(a)(4).

¶37[¶2] Gerald W. VandeWalle, C.J.

¶38Daniel J. Crothers

¶39Dale V. Sandstrom

¶40Carol Ronning Kapsner

¶41Mary Muehlen Maring